Appellate Division of the Supreme Court of New York, 2005

Tribuzio v. City of New York

Tribuzio v. City of New York
Appellate Division of the Supreme Court of New York · Decided February 28, 2005
15 A.D.3d 646; 789 N.Y.S.2d 917; 2005 N.Y. App. Div. LEXIS 1993
Tribuzio v. City of New York

Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kings County (Schneier, J.), dated October 23, 2003, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $350,000.

Ordered that the judgment is affirmed, with costs.

For a court to find as a matter of law that a jury verdict is not supported by sufficient evidence, it must “conclude that there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion *647reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]). Contrary to the defendants’ contention, viewing the evidence in the light most favorable to the plaintiff (see Alexander v Eldred, 63 NY2d 460, 464 [1984]), we discern that a valid line of reasoning existed for the jury’s determination that the defendants had constructive notice of the dangerous condition which caused the plaintiff to slip and fall (see Negri v Stop & Shop, 65 NY2d 625, 626 [1985]). H. Miller, J.P., Crane, Spolzino and Fisher, JJ., concur.

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